Smith v Parole Board
The recall of a determinate sentence prisoner on licence without an oral hearing does not violate Articles 5 or 6 ECHR or common law fairness where the primary facts are undisputed and the assessment is of risk, not guilt; the right to liberty was lost at sentencing and the procedure adopted was not actually unfair.
- Parties
- Applicant: Smith; Respondent: The Parole Board
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2003
- Procedural Posture
- Judicial Review / Appeal From High Court to Court of Appeal
- Outcome
- Application dismissed
- Legal Topics
- Parole, Recall to Prison, Fair Hearing, Article 5 ECHR, Article 6 ECHR, Common Law Fairness
Case Brief
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Parties
Smith
Applicant
The Parole Board
Respondent
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the recall of a determinate sentence prisoner on licence without an oral hearing is fair under common law and Articles 5 and 6 of the European Convention on Human Rights
Ratio Decidendi
The recall of a determinate sentence prisoner on licence without an oral hearing does not violate Articles 5 or 6 ECHR or common law fairness where the primary facts are undisputed and the assessment is of risk, not guilt; the right to liberty was lost at sentencing and the procedure adopted was not actually unfair.
Court Disposition
Application dismissed
Orders
- Application for judicial review dismissed
- No oral hearing required before the Parole Board in this case
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